Domestic Violence

Question 1

Domestic Violence

Answer 1

a. Physical
b. Sexual
c. Psychological
d. Financial

Question 2

The goal of the abuser is to maintain _____ and ______

Answer 2

Power and Control

Question 3

When it comes to DV, law enforcement has three primary responsibilities:

Answer 3

a. Provide physical safety & security for victims
b. Assist victims by coordinating their referral to support services
c. Arrest the DV perpetrator as required by law

Question 4

Abuse

Answer 4

a. Attempting to cause or causing physical harm;
b. Placing another in fear of imminent serious physical harm;
c. Causing another to engage involuntarily in sexual relations by force, threat or duress.

Question 5

Court (4 types under c.209A S1):

Answer 5

a. Superior
b. Probate and Family
c. District
d. Boston Municipal

Question 6

Court - when dealing with substantive dating relationship

Answer 6

Probate and Family
District
Boston Municipal

Question 7

Family or Household Members (209A)

Answer 7

a. Are or were married
b. Are or were residing together in the same household
c. Are or were related by blood or marriage
d. Have a child in common
e. Are or have been in a substantive dating or engagement relationship based on the following factors:
i. Length of the relationship
ii. Type of Relationship
iii. Frequency of interaction
iv. If relationship is terminated, the Time since Ending of the relationship

Question 8

Vacate Order:

Answer 8

court order to leave & remain away from premise & surrender forthwith any keys to said premise
a. Basic Protection shall include:
i. Defendant shall not damage any of the plaintiff’s belongings
ii. Defendant shall not shut off any utilities or mail delivery
iii. Defendant shall not interfere in any way with the plaintiff’s right to possess such residence

Question 9

Extended Scope:

Answer 9

i. Multiple family dwelling; and/or
ii. Plaintiff’s workplace

Question 10

Surrender of Firearms (c. 209A s. 3B)

Answer 10

LTC
FID
Firearms
Ammunition
Rifles
Machine Guns
Shotguns

Question 11

Petition for Review:

Answer 11

ANY defendant may petition such action and will be heard no later than 10 COURT BUSINESS days

Question 12

Employment

Answer 12

court shall order a hearing no later than 2 COURT BUSINESS days

Question 13

Temporary Order (C. 209A s. 4)

Answer 13

a. 10 court business days
b. May be extended up to a year or not to exceed 1 year
c. The court shall give the defendant an opportunity to be heard on the question of continuing the temporary order no later than 10 court business days after such orders are entered

Question 14

Emergency Order (C. 209A s. 5)

Answer 14

a. Courts are closed
b. Good until NEXT court business day (plaintiff or a representative must appear)

Question 15

Powers, Duties, and Responsibilities (C. 209A s. 6)

Answer 15

a. Remain on scene
b. Assist in obtaining medical treatment for the victim
c. Assist in locating and getting to a safe place
d. Notice of his/her rights by reading Abuse card and giving a written copy
e. Activating the emergency judicial system when court is closed
f. Inform the victim that the abuser will be eligible for bail and be promptly (after 6 hours) released
g. Shall arrest the perpetrator as required by law, officer witnesses or has PC to believe violated a restraining order

Question 16

Shall Arrest

Answer 16

Have PC to believe person violated an RO

Question 17

Arrest Preferred Response

Answer 17

When we have PC that a person committed a felony, committed a misdemeanor involving 209A abuse, commit A&B Ch265 S13A

Question 18

Violation of Protection Order/Restraining Order (C. 209A s. 6&7)

Answer 18

order to CONVICT defendant of violation:
i. Order issued by court
ii. Order in effect on date of violation
iii. Defendant knew of order by having been served in hand or some other way (or by having actual knowledge of the order through other means – “Notice of Order”)

Question 19

Proof of Notice

Answer 19

so long as the prosecutor can prove that the defendant had actual knowledge of the terms of the order, the burden of proof will be satisfied.

Defendant violated the order by failing to vacate or by “abusing” plaintiff

Question 20

Direct or Indirect violation by failing to

Answer 20

i. Refrain from abuse or contacting, or
ii. Follow vacate order protections, or
iii. Follow surrender/suspension order

Question 21

Direct

Answer 21

no need to prove that the defendant intended to violate order

Question 22

Indirect

Answer 22

must prove that the defendant intended the 3rd party to violate order

Question 23

Victim can ______ violate an order, the order only changes by a ______ _______

Answer 23

NEVER; COURT RULING

Question 24

MGL C. 265 s.13M: Domestic Assault or Domestic A&B

Answer 24

Family or household members who are involved in “INTIMATE RELATIONSHIPS”
b. EXCLUDES persons residing in the same house or related by blood

Question 25

Family or Household Members under C. 265 s.13M

Answer 25

a. Are or were married to one another
b. Have a child in common
c. Are or have been in a substantive dating relationship based on:
i. Length of time
ii. Type of Relationship
iii. Frequency of interaction
iv. If relationship is terminated, the length of time elapsed since the termination of the relationship
d. Engagement relationship

Question 26

Rule 327 Protection of Abused Persons

Answer 26

a. DV calls are Priority 1, two officers sent
b. Dual Arrest is discouraged - if you have to call a PS and do a Form 26 and 1.1
c. Misceling DV Calls – ONLY:
i. 6 Boy: no such person can be found
ii. 6 Charlie: no such address
d. 85 % of women seeking shelter from DV report animal abuse
e. Child abuse and neglect
i. immediate verbal report to DCF
ii. within 48 hrs file a 51A

Question 27

Rule 372AA: BPD Employee in DV as victim or suspect. Duties of Responding Officers:

Answer 27

i. Immediate safety
ii. Request PS to scene
iii. Comply with 209A
iv. 1.1 will list occupation as “dept. Employee”
v. Remain on scene until relieved by superior
vi. NEVER MISCEL A CALL

Question 28

Chapter 258E: Act Relative to Harassment Protection Order

Answer 28

a. Victims of criminal harassment, stalking, sexual assault, regardless of relationship with defendant
b. Abuse, but not in an intimate relationship
c. Violation = Arrestable Offense (same as RO)

Question 29

Parental Discipline must be

Answer 29

Reasonable

Question 30

Animal Abuse: The Link

Answer 30

i. Strong Link Between DV, Child Abuse and Animal Abuse

ii. Batterer’s first victim is usually an animal, followed by a child/adult

Question 31

Animal Abuse: Establishing the Connection

Answer 31

i. 70% involved in animal abuse are involved in other crimes
ii. 5x more likely to commit violence against others
iii. 4x more likely to commit property crimes
iv. 3x more likely to be involved in drunk/disorderly offenses

Question 32

Animal Abuse: Common Intersections with Animals

Answer 32

i. DV: 18-59% victims delay leaving out of concern for their pet
ii. Hoarding: of animals intentionally or unintentionally
iii. Child Sexual Abuse: abusers harm pets to coerce children
iv. Juvenile Offenders: children hurting animals

Question 33

Animal abuse: Why is the link important?

Answer 33

i. Animal cruelty is a crime
ii. Animal abuse often occurs in conjunction with other crimes
iii. Animal Abuse rarely occurs in isolation
iv. It affects human safety → can prevent by paying attention to animal abuse as a potential indicator and predictor for other crimes
v. Animal abuse can identify other people engaging in other crime
1. Animal cruelty is a better predictor of sexual assault than homicide, arson or firearms

Question 34

Animal Abuse: ______ includes animal crimes, is incident based and nationwide

Answer 34

National Incident-Based Reporting System (NIBRS)

Question 35

Animal Abuse: How are cases reported?

Answer 35

Neighbors, Observations, Cross reporting (DCF), Veterinarians

Question 36

Animal Abuse: MGL 209A s11 Abuse Prevention Order

Answer 36

i. Court may order possession of a domesticated animal to the plaintiff in a restraining order
ii. Person is more likely to remain in abusive relationship because of pet

Question 37

Strangulation Cases: Petechiae

Answer 37

one or more red spots in eyes or eyelid brought on by the bursting of capillaries

Question 38

3 Forms of Strangulation

Answer 38

i. Manual → most common
ii. Ligature
iii. Hanging

Question 39

Strangulation: Questions to ask while interviewing

Answer 39

i. Was it with one hand or two?
ii. Did he use another part of the body
iii. Was it from the front or behind?
iv. Was a ligature used?
v. How did it stop?
vi. What did you feel or think?
vii. Did you wet your pants

Question 40

Do NOT ask the victim for EMS…

Answer 40

we always immediately call for strangulation

Question 41

Many say “______” is what made them believe their partner may kill them

Answer 41

Choking

Question 42

What kind of report in a strangulation case?

Answer 42

Detailed, thorough 1.1

Question 43

Reasons Victims Recant

Answer 43

a. Feelings of Guilt
b. Children/Pets, Keeping the family together
c. Fear of further Harm
d. Financial Reasons, they have no money
e. Safety, they have no other place to go/live